Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

Wheelchair user's Notice of Injury to City of Ann Arbor is inadequate; case dismissed

Verna Spayth sued the City of Ann Arbor, after she was dumped from her electric wheelchair while negotiating a ramp at the intersection of State and Packard.  Her attorneys served the City with a notice of injury within the 120 day  deadline, and also filed a lawsuit within the deadline.  Neither document, however, identified which of the sidewalk ramps was allegedly unsafe,  and neither addressed the obligatory disclosure of witnesses to the incident.  On this basis, the Court of Appeals dismissed Spayth's claim.  Under a ruling of the Engler Majority of the Michigan Supreme Court, an injury victim must strictly comply with the statutory notice requirements.  "Substantial compliance" is not adequate; and the municipality owes no duty to conduct its own investigation.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262